B. Commission's Functions

Legal basis: Functions of the State Commission Supporting Suppression of Distributing New Psychoactive Substances are envisaged by the Law of Georgia “On New Psychoactive Substances” (Article 7) and the Joint Order №344/№01-30/n/№147 of 13 May 2014 of Minister of Internal Affairs of Georgia, Minister of Labour, Health and Social Affairs of Georgia and Minister of Finance of Georgia “On Establishing State Commission Supporting Suppression of Distributing New Psychoactive Substances and Approving its Regulation”.

Functions: State Commission conducts monitoring over the situation related to new psychoactive substances in the country and over the challenges existing in this regard, as well as ensures implementation of the relevant legislation. More precisely, the Commission’s powers are the following: the State Commission monitors the circulation of various chemical compounds entailing potential risks, on the market; conducts risk assessment and analysis related to new psychoactive substances, considering international experience; publishes quarterly and annual reports concerning the existing situation in Georgia related to new psychoactive substances. Furthermore, beyond the functions of monitoring and analyzing which are very important per se, the State Commission is actively involved in the law-making process; more precisely: the State Commission prepares legislative proposals for the Government of Georgia in order to initiate the introduction of new psychoactive substances and classes of chemical compounds of new psychoactive substances to the annexes of the Law of Georgia “On New Psychoactive Substances”.

In terms of powers of legislative initiative, the following conditions should be met: in order to initiate the introduction of new psychoactive substances to the Law annexes, the State Commission is authorized to prepare proposals if: a) there are reasonable grounds to believe that certain chemical compounds have been abused among some circles of the society to have narcotic intoxication; and/or b) their consumption, as proven by scientists as well as by the experience of respective state agencies and international organizations, endangers the life or health of a user or it is impossible to exclude such a danger. As for initiating the introduction of classes of chemical compounds of new psychoactive substances to the Law annexes, the State Commission is authorized to prepare proposals if conducting similar measures in regard to certain new psychoactive substances is less effective, in order to suppress their distribution and therefore, to avoid possible danger to the life or health of a user.